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<br />7.~.~. ENGINEER shall procure <br />protection from claims under workers' <br />damages because of bodily injury <br />sickness or disease or dea~~ of any <br />person other than such employees, <br />because of injury to or des~ruction <br />use resulting therefrom. <br /> <br />and maintain insurance for <br />compensation acts, claims for <br />including personal injury, <br />and all employees or of any <br />and from claims or damages <br />of property including loss of <br /> <br />7.1.2 OWNER shall procure and maintain similar coverage for any <br />of its employees engaged on the Project, and shall require all <br />construction contractors associated with the project to procure and <br />maintain at least statutory workmen's compensation and contractor's <br />liability coverage. <br /> <br />7.2. Nothing under this Agreement shall be construed to give any <br />rights or benefits in this Agreement to anyone other than OWNER and <br />ENGINEER, and all duties and responsibilities undertaken pursuant <br />to this Agreement will be for the sole and exclusive benefit of <br />OWNER and ENGINEER and not for the benefit of any other party. <br /> <br />7.3. Indemni tv - The OWNER will require that any construction <br />contractor or subcontractors performing work in connection with <br />Drawings and specifications produced under this Agreement hold <br />harmless, indemnify and defend, the OWNER and this ENGINEER their <br />consultants, and each of their officers, agents, and employees from <br />all liability claims, losses or damage arising out of or alleged to <br />arise from the CONTRACTOR'S or any subcontractor's negligence in <br />the performance of the work described in the Construction Contract <br />Documents. <br /> <br />7.4. Termination - The obligation to provide further services under <br />this Agreement may be terminated by either party upon thirty days <br />written notice in the event of substantial failure by the other <br />party to perform in accordance with the terms hereof through no <br />fault of the termination party. <br /> <br />7.5 Controllina Law - This Agreement is to be governed by the laws <br />of the State of Texas. <br /> <br />7.6. Successors and Assians - ENGINEER and OWNER each is hereby <br />bound and the partners, successors, executors, administrators, and <br />legal representatives of OWNER and ENGINEER are hereby bound to the <br />other party to this Agreement and to the partners, successors, <br />executors, administrators, assigns and legal representatives (and <br />said assigns) of such other party, in respect to all covenants, <br />agreements and obligations of this Agreement. <br /> <br />7.7. Limitation of Liabilitv The OWNER agrees to limit the <br />ENGINEER'S liability to the OWNER and to all construction <br />contractors and subcontractors on the Project, due to the <br />ENGINEER'S professional negligent acts, errors or omissions, such <br />that the total aggregate liability of the ENGINEER to those named <br />shall not exceed Five Hundred Thousand Dollars ($500,000) or the <br />ENGINEER'S total fee for services rendered on this project, <br />whichever is greater. <br /> <br />Page 13 of 23 Pages <br />